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HomeMy WebLinkAbout2023-034 Ordinance amending Yakima Municipal Code Chapter 7.04 Tahoma Cemetery ORDINANCE NO. 2023-034 AN ORDINANCE relating to Public Services and Utilities; amending section 7.04 of the Yakima Municipal Code; prescribing penalties; updating administrative and recordkeeping procedures, liner size availability, available services, and other housekeeping measures. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 7.04 of the City of Yakima Municipal Code is hereby amended to read as follows: Chapter 7.04 TAHOMA CEMETERY Sections: 7.04.010 Establishment. 7.04.050 Operation and management of cemetery. 7.04.070 Fees—Cemetery fund. 7.04.080 Procedure for purchase of plot in cemetery. 7.04.090 Rules. 7.04.100 Disposition of Abandonment of Plots. 7.04.010 Establishment. Hereafter the city cemetery and all additions made thereto shall be known as "Tahoma Cemetery." Whenever in any of the ordinances, resolutions, regulations or orders of the city council said cemetery is referred to as the "city cemetery" or by any other name or designation such reference shall relate to Tahoma Cemetery. 7.04.050 Operation and management of cemetery. The city manager shall, subject to the approval of the city council, make rules governing and concerning Tahoma Cemetery as may be required for the proper operation and management of the cemetery. The city manager shall, subject to the approval of the city council, fix the schedule of prices to be charged and collected for all lots in the cemetery and for any services rendered by the employees of the city cemetery. The rules and the schedule of prices shall be printed for free distribution. 7.04.070 Fees—Cemetery fund. All fees and charges collected or received by employees of the city cemetery shall be turned over to the city treasurer and placed in the cemetery fund of the city, except where directed to go into some other fund of the city by law or ordinance. 7.04.080 Procedure for purchase of plot in cemetery. With the exception of the Washington Department of Social and Health Services, United States Veterans Administration, and funeral homes located within the state of Washington, a person 1 shall make all payments required by this chapter before occupying any part of Tahoma Cemetery. The cemetery staff, upon receiving all required payments, shall issue (1) a sales agreement containing a correct description of the cemetery plot or part thereof, the name of the purchaser, and the date of the purchase, (2) a grave use permit to the purchaser for the cemetery plot or part thereof described in the sales agreement, and (3) an endowment care agreement. The sales agreement must be approved and signed by the public works director and the parks and recreation manager. The signature of the public works director and the parks and recreation manager shall be notarized. The grave use permit shall recite that it is accepted by the grantee named therein subject to all rules or regulations lawfully imposed for the regulation and management of the cemetery. The grave use permit shall grant the purchaser and the purchaser's heirs, executors, administrators and assigns the right to use the cemetery plot or part thereof for the purpose of interring human remains. The city manager or the city manager's designee shall execute the grave use permit and the endowment care agreement. The execution of the grave use permit and the endowment care agreement shall be notarized. No sale, transfer or assignment of any plot or part thereof or any interest therein shall be valid without the consent of the city manager or the city manager's designee endorsed in writing thereon. The cemetery staff shall keep records of the sales agreement, grave use permit, endowment care agreement, and of any other business transacted by or on account of the cemetery, as may be prescribed by the city manager subject to the approval of the city council. 7.04.090 Rules. Following are the rules, including schedules of fees and charges, applicable to the operation of Tahoma Cemetery: A. Liner sizes are as follows: "Regular" means an outside measurement of approximately thirty-three by eighty-nine inches. "Undersized" means an outside measurement less than thirty-three by eighty-nine inches. "Oversized" means an outside measurement greater than thirty-three by eighty-nine inches. B. The applicable fees at Tahoma Cemetery will be listed in the city of Yakima master fee schedule adopted by city council via resolution. With the exception of the Washington Department of Social and Health Services, Unites States Veterans Administration, and funeral homes located within the state of Washington, all fees and charges shall be paid in advance unless otherwise provided. C. Chapel service may not be scheduled to start on weekdays after 1:00 p.m. during winter hours and 12:00 p.m. during summer hours (If staff is available, chapel service may be scheduled at 1:00 p.m. with an overtime fee of$150 for a casket service or $75 for a cremains service. Graveside service may not be scheduled to start on weekdays after 2:00 p.m. during winter hours and 1:00 p.m. during summer hours. Chapel service may not be scheduled to start on Saturdays after eleven a.m. Graveside service may not be scheduled to start on Saturdays after eleven-thirty a.m. Interments and disinterments may not take place on Sundays, public holidays as defined in YMC 9.10.060, or Saturdays after twelve p.m., except in cases of emergency as determined by the parks and recreation manager or appointee. D. If the cemetery is provided with verification and documentation that the deceased has no surviving family members and was receiving one of the following types of public assistance at 2 the time of his or her death: aid to families with dependent children, general assistance, or poverty-related veterans' benefits, the cemetery charges will be fifty percent of the normal charge. This fifty percent reduction in price shall not apply to monument setting fees, vases or vase setting fees. The cemetery reserves the right to designate the location of all indigent burials with the exception of burials intended for previously purchased gravesites. Indigent burials will be allowed Monday through Friday only, unless by special permission of the parks and recreation manager or appointee. E. All plots shall be numbered with a permanent number. The cemetery staff shall keep an accurate record of the name of the decedent and the number of the plot. F. A maximum of four cremains may be placed on an occupied full-size plot with the proper notarized authorizations from the plot owner or the next of kin. A maximum of six cremains may be placed on an unoccupied full-size plot based on standard size vault sold by Tahoma. Full- size plots may not be divided and sold as individual cremains plots by a private owner. G. A person may not bring a dog into Tahoma Cemetery unless it is a service animal. A person violating this section is subject to a penalty of one hundred dollars. H. The speed limit for vehicular traffic within the cemetery is fifteen miles per hour. Violation of this section is a civil infraction and shall be enforced in accordance with city and state law. I. Notification of and payment for interment or disinterment must be received by the cemetery office at least two business days in advance of such interment or disinterment unless a check is being delivered by the Funeral Home the day of the service. The cemetery staff may limit the number of services scheduled on any given day. The cemetery staff may require services to be rescheduled if the service was published prior to receipt of notification. The purpose of this section is to provide ample time for proper opening and closing and to ensure adequate parking and privacy for each service. J. The Tahoma Cemetery office must receive a burial transit permit for the decedent before interment. The Tahoma Cemetery office must receive a death certificate for the decedent before inurnment. K. The cemetery staff may correct any errors related to interments, disinterments, the description of a cemetery plot or part thereof, or the conveyance of a cemetery plot or part thereof. The cemetery staff may select, substitute, and convey other cemetery property of equal value and similar location or refund the purchaser. The cemetery staff may remove and reinter remains to such substituted property. L. All interments must be made in cement liners, cremains liners, steel liners, or burial ready urns. All liners shall be made according to specifications designated by the parks and recreation manager or appointee. The funeral director shall determine the size of grave liner to use in all cases. M. No grave shall be opened or closed by anyone other than employees of the city of Yakima. N. A tomb or personal mausoleum may not be erected on top of the ground. A marker may not be placed on a gravesite until all marker setting fees are paid in full. A marker may not be placed at a pre-need gravesite until the gravesite and marker setting fee are paid in full. 3 O. Foundations for all markers and vases shall be built by the city of Yakima or an approved vendor, at the expense of the owner. All foundations must have a three-to six-inch-wide border around the base of the marker unless approved by cemetery supervisor or designee. The border must have a depth of four to six inches. The foundation must be flush with the ground level. All marker bases must be made of granite or marble. No sandstone or artificial base will be permitted. All 2-piece upright markers must be pinned by the monument company prior to delivery to avoid the top sliding on the base. P. All markers must be set in line according to the cemetery survey except on the tracts of irregular shape; markers in the west row of each block must face west, markers in the east row of each block must face east, all markers in Section M must face east. The parks and recreation manager or appointee shall determine the setting of markers on the tracts of irregular shape. Q. In Section M, upright markers are only permitted in Block 58-69, 112-123, 132-135, 154- 157, 166-177, 184-195, 238-249, 256-257 unless previously sold as an upright plot. The rest of section M allows only flat markers. All markers in Section M face east. Only one marker is allowed per plot in Section M. R. All markers placed in Section L, in the Masonic baby plot, and in that part of Section E lying south of a line drawn from the southwest corner of Block 161 to the southeast corner of Block 27, and west of a line drawn from the southeast corner of Block 27 to the southeast corner of Block 70, thence west to the southwest corner of Block 68, thence south to the southwest corner of Block 143, shall be level with the ground. The markers in Section E block 24 and 25 must be cremains only sized and level with the ground. S. Markers for single full-size plots may not exceed twenty-four inches in length and twelve inches in width. Double markers for two full-size plots may not exceed thirty-six inches in length and twelve inches in width. The maximum height of the markers should be 36" from the ground. Larger markers may be allowed with prior approval by the parks and recreation manager or appointee. Markers for single cremains plots may not exceed 12" x 7". Double markers for two cremains plots may not exceed 16" x 8". Ledger-type markers will not be allowed in the cemetery except ledger-type markers presently existing in the cemetery. Flat markers shall be set flush with the ground. T. Care and maintenance of a marker is the sole responsibility of the family of the deceased. Tahoma Cemetery and the City of Yakima are not responsible for damage to markers that is caused by weather or by the actions of persons not employed by the City of Yakima. U. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and the parks and recreation manager or appointee shall remove all landscape features determined to be objectionable. If trees or shrubs in any plot become detrimental to adjacent plots or avenues in the judgment of the parks and recreation manager or appointee, they shall be removed. V. Fences, posts, chains, solar lights, glass items, rock border, balloons, yard art, wooden structures, and other non-approved items around plots and blocks, are prohibited. Only six items are allowed per headstone and must be placed on the headstone, not in the grass. Potted plants are not allowed. W. Any inscription, marker, effigy or other structure which the parks and recreation manager or appointee deems offensive or improper shall be removed upon order of the parks and recreation manager or appointee. 4 X. Funeral designs and floral pieces will be removed to a designated place as soon as the same become unsightly or interfere with mowing in the judgment of the parks and recreation manager or appointee. The city is not responsible for damage to or theft of cut flowers, displays or containers. Anyone leaving such articles in the cemetery does so at their own risk. Y. Due to the inconvenience to mowing and grounds maintenance, artificial floral pieces, stones, rocks, and foreign objects will not be allowed during the period from April 1st to October 31st, with the exception of Memorial Weekend. All flowers, flags, and other items will be removed from the entire cemetery 7 — 10 days following Memorial Day. Footstones will not be allowed in the cemetery except for footstones presently existing in the cemetery. Z. Receptacles for cut flowers must be sunk level with the ground in approved vases installed by cemetery staff. Tin cans sunk in the ground are prohibited. Glass containers are prohibited. Receptacles must be approved by the parks and recreation manager or appointee. AA. All employees or other people engaged in performing work within the confines of the cemetery shall be under the supervision and direction of the parks and recreation manager. A person may not interfere with the performance of duties of any employee or groundskeeper. BB. Lost and found articles shall be turned in to the Tahoma Cemetery office. CC. A person shall deposit all paper and other rubbish that person is responsible for in a receptacle provided for that purpose. DD. As provided for by this chapter, a person may transfer or assign that person's plot or a part thereof to another person provided that a record of the transfer or assignment is noted on the cemetery records as well as any prepaid services (burial fee, liner, or monument setting fee). The cemetery staff shall keep a copy of the transaction in the cemetery office. EE. The parks and recreation manager or appointee shall expel from the cemetery any person disturbing its sanctity by boisterous or other improper conduct, or who shall violate any provision of this chapter. No overnight camping, barbeques, or open fires are allowed in the cemetery. FF. Endowment care plots, pre-need arrangements or a combination of both may be purchased on installment contracts in the form provided by the City of Yakima. No plot(s) or service(s) may be used until property fees and service fees are paid in full. No monument(s) may be placed until monument setting fees are paid in full. GG. All contracts require a ten percent down payment with an appropriate payment schedule designated. Contracts for endowment care plots shall require payment in full within twelve months. A combined contract for an endowment care plot and pre-need services shall require payment in full within thirty-six months. Any payment that is more than sixty days past due will be assessed a one percent per month interest penalty on the unpaid balance. The cemetery staff shall mail a grave use permit to the plot owner within thirty days of final payment. In the event the delinquent account is for a pre-need gravesite, the city may, at its option, return the plot to open inventory for the purpose of resale and the purchaser will forfeit any moneys paid to that date. Upon default in payment of the balance due for contracted services, the cemetery may deny further burials in the cemetery until full payment is made. 5 6 HH. The public works director and parks and recreation manager are hereby authorized to enter into contracts for the sale of plots, liners, vases, markers and other incidental services. All contracts must be approved and signed by the public works director and parks and recreation manager. All contracts will constitute a personal obligation on the part of the purchaser(s) and shall be binding on the purchaser(s)’ heirs, successors, and assignees. II. The cemetery staff shall keep all signed contracts on file in the cemetery office. JJ. No refunds on endowment care plots or pre-need services will be given once the 3-day grace period has passed. KK. Any person that purchases ten or more plots at one time is entitled to a seven percent discount on the total price of the plots. LL. A maximum of two cremains may be placed in a columbarium niche (in the center row only, and if they are less than 5”x5”x7” containers). This must be accompanied with the proper notarized authorizations from the niche owner or the owner’s next of kin. Columbarium niches may not be divided and sold as individual niches by a private owner. Urns must not exceed five inches by five inches by seven inches in size. All inscriptions on the columbarium niches shall be of similar style and size. Opening and closing niche fees must be paid in full prior to inscription services being ordered. All inscription services will be performed by Tahoma Cemetery staff or their appointees determined by the parks and recreation manager. 7.04.100 Disposition of Abandoned Plots To preserve the active nature of the cemetery, any interment space may be declared abandoned and reclaimed by the Cemetery after notice as provided below; A. Abandonment. The ownership or right to unoccupied cemetery space shall, upon abandonment, be subject to forfeiture and sale by the Cemetery. An unoccupied plot may be considered abandoned if there is no activity on record with the Cemetery regarding the plot by either the plot owner or their legal representative for a minimum continuous period of forty years. B. Notice shall be provided as follows: 1. Following the required 40-year period, Cemetery management shall place a suitable notice on each unoccupied interment space setting forth the date the notice is placed and that the unoccupied space is subject to forfeiture and sale by the City of Yakima if the owner of the unoccupied space fails to contact the cemetery during the 3-year period following the date of the notice; and 2. The same notice shall be mailed by registered mail to the owner’s last known address, if known. C. Ninety days following notice as provided above, if the plot owner or their legal representative fails to contact the Cemetery, then the City Manager may declare the plot abandoned and authorize a Petition in Superior Court for an Order of Abandonment pursuant to the process in RCW 68.36. D. Cost and fees. All fees and charges will be assessed pursuant to the fees identified in the current fee schedule. If the abandonment procedure is initiated at the request of a third party for a specific plot, a reclamation fee may be added to the cost of the plot upon sale. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 15th day of August, 2023. Janice Decci , Mayor ATTEST: _ /� VAKIpdA,1, II 442 B94)04 f; SFAL osalinda Ibarra, City Clerk N, `tiiN zO - Publication Date: August 18, 2023 Effective Date: September 17, 2023 7 •o `Y , BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.M. For Meeting of:August 15, 2023 ITEM TITLE: Ordinance amending Yakima Municipal Code Chapter 7.04 Tahoma Cemetery SUBMITTED BY: Scott Schafer, Public Works Director *Ken Wilkinson Parks & Recreation Manager(509)576-6416 Todd Lunning, Cemetery Supervisor SUMMARY EXPLANATION: Updates are needed to YMC 7.04 Tahoma Cemetery related to rules and regulations, incorporating appropriate wording changes to correctly reflect current cemetery operations and amending Sections 7.04.010, 7.04.080, 7.04.090 and adding 7.40.100 of the Yakima Municipal Code. This section is being added to provide a procedure for the due process of disposition of abandoned plots. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Description Upload Date Type D Cemetery Ordinance redline 8/11/2023 Corer Memo D Cemetery Ordinance 8/9/2023 Ordinance 2 ORDINANCE NO. 2023- AN ORDINANCE relating to Public Services and Utilities; amending section 7.04 of the Yakima Municipal Code; prescribing penalties; updating administrative and recordkeeping procedures, liner size availability, fee structut e, available services, and other housekeeping measures. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 7.04 of the City of Yakima Municipal Code is hereby amended to read as follows: Chapter 7.04 TAHOMA CEMETERY Sections: 7.04.010 Establishment. 7.04.050 Operation and management of cemetery. 7.04.070 Fees—Cemetery fund. 7.04.080 Procedure for purchase of bleckplot in cemetery. 7.04.090 Rules. 7.04.100 Disposition Abandonment of Plots. 7.04.010 Establishment. Hereafter the city cemetery and all additions made thereto shall be known as "Tahoma Cemetery." Whenever in any of the ordinances, resolutions, regulations or orders of the city council said cemetery is referred to as the "city cemetery" or by any other name or designation such reference shall relate to Tahoma Cemetery. (Ord. 2017 026 § 1 (part), 2017: Ord. 2010 51 § 1 (part), 2010: Ord. A 252 § 1, 1917). 7.04.050 Operation and management of cemetery. The city manager shall, subject to the approval of the city council, make rules governing and concerning Tahoma Cemetery as may be required for the proper operation and management of the cemetery. The city manager shall, subject to the approval of the city council, fix the schedule of prices to be charged and collected for all lots in the cemetery and for any services rendered by the employees of the city cemetery. The rules and the schedule of prices shall be printed for free distribution. (Ord. 2017 026 § 1 (part), 2017: Ord. 2010 51 § 1 (part), 2010: Ord. A 252 § 2, 1917). 7.04.070 Fees—Cemetery fund. All fees and charges collected or received by employees of the city cemetery shall be turned over to the city treasurer and placed in the cemetery fund of the city, except where directed to go into some other fund of the city by law or ordinance. (Ord. 2017 026 § 1 (part), 2017: Ord. 2010 51 § 1 (part), 2010: Ord. A 252 § 3, 1917). 7.04.080 Procedure for purchase of bloslkplot in cemetery. 1 3 With the exception of the Washington Department of Social and Health Services, United States Veterans Administration, and funeral homes located within the state of Washington, a person shall make all payments required by this chapter before occupying any part of Tahoma Cemetery. The cemetery staff, upon receiving all required payments, shall issue (1) a sales agreement containing a correct description of the cemetery block plot or part thereof, the name of the purchaser, and the date of the purchase, (2) a grave use permit to the purchaser for the cemetery block plot or part thereof described in the sales agreement, and (3) an endowment care agreement. The sales agreement must be approved and signed by the public works director and the parks and recreation manager. The signature of the public works director and the parks and recreation manager shall be notarized. The grave use permit shall recite that it is accepted by the grantee named therein subject to all rules or regulations lawfully imposed for the regulation and management of the cemetery. The grave use permit shall grant the purchaser and the purchaser's heirs, executors, administrators and assigns the right to use the cemetery block plot or part thereof for the purpose of interring human remains. The city manager or the city manager's designee shall execute the grave use permit and the endowment care agreement. The execution of the grave use permit and the endowment care agreement shall be notarized. No sale, transfer or assignment of any block plot or part thereof or any interest therein shall be valid without the consent of the city manager or the city manager's designee endorsed in writing thereon. The cemetery staff shall keep records of the sales agreement, grave use permit, endowment care agreement, and of any other business transacted by or on account of the cemetery, as may be prescribed by the city manager subject to the approval of the city council. (Ord. 2017 026 § 1 (part), 2017: Ord. 2010 51 § 1 (part), 2010: Ord. 2003 76 § 1, 2003: Ord. 2003 51 § 1, 2003: Ord. 30'10 § 1, 1987: Ord. A 252 § '1, 1917: Ord. B 229, 1937). 7.04.090 Rules. Following are the rules, including schedules of fees and charges, applicable to the operation of Tahoma Cemetery: A. Liner sizes are as follows: "Regular" means an outside measurement of approximately thirty-three by eighty-nine inches. "Undersized" means an outside measurement less than thirty-three by eighty-nine inches. "Oversized" means an outside measurement greater than thirty-three by eighty-nine inches. B. The applicable fees at Tahoma Cemetery will be listed in the city of Yakima master fee schedule adopted by city council via resolution. With the exception of the Washington Department of Social and Health Services, Unites States Veterans Administration, and funeral homes located within the state of Washington, all fees and charges shall be paid in advance unless otherwise provided. C. Chapel service may not be scheduled to start on weekdays after three p.m.1:00 p.m. during winter hours and 12:00 p.m. during summer hours (If staff is available, chapel service may be scheduled at 1:00 p.m. with an overtime fee of $150 for a casket service or$75 for a cremains service}. -Graveside service may not be scheduled to start on weekdays after three thirty2:00 p.m. during winter hours and 1:00 p.m. during summer hours. Chapel service may not be scheduled to start on Saturdays after eleven a.m. Graveside service may not be scheduled to start on Saturdays after eleven-thirty a.m. Interments and disinterments may not 2 4 take place on Sundays, public holidays as defined in YMC 9.10.060, or Saturdays after twelve p.m., except in cases of emergency as determined by the parks and recreation manager or appointee. D. If the cemetery is provided with verification and documentation that the deceased has no surviving family members and was receiving one of the following types of public assistance at the time of his or her death: aid to families with dependent children, general assistance, or poverty-related veterans' benefits, the cemetery charges will be fifty percent of the normal charge. This fifty percent reduction in price shall not apply to monument setting fees, vases or vase setting fees. The cemetery reserves the right to designate the location of all indigent burials with the exception of burials intended for previously purchased gravesites. Indigent burials will be allowed Monday through Friday only, unless by special permission of the parks and recreation manager or appointee. E. All graves plots shall be numbered with a permanent number. The cemetery staff shall keep an accurate record of the name of the decedent and the number of the grave plot. F. A maximum of four cremains may be placed on an occupied full-size plot with the proper notarized authorizations from the lot owner or the next of kin. A maximum of six cremains may be placed on an unoccupied full-size plot based on standard size vault sold by Tahoma- Full- size lots may not be divided and sold as individual cremains plots by a private owner. G. A person may not bring a dog into Tahoma Cemetery unless it is a service animal. A person violating this section is subject to a penalty of one hundred dollars. H. The speed limit for vehicular traffic within the cemetery is fifteen miles per hour. Violation of this section is a civil infraction and shall be enforced in accordance with city and state law. I. Notification of and payment for interment or disinterment must be received by the cemetery office at least one-two business days in advance of such interment or disinterment unless a check is being delivered by the Funeral Home the day of the service. The cemetery staff may limit the number of services scheduled on any given day. The cemetery staff may require services to be rescheduled if the service was published prior to receipt of notification. The purpose of this section is to provide ample time for proper opening and closing and to ensure adequate parking and privacy for each service. J. The Tahoma Cemetery office must receive a burial transit permit for the decedent before interment. The Tahoma Cemetery office must receive a death certificate for the decedent before inurnment. K. The cemetery staff may correct any errors related to interments, disinterments, the description of a cemetery plotblock or part thereof, or the conveyance of a cemetery block plot or part thereof. The cemetery staff may select, substitute, and convey other cemetery property of equal value and similar location or refund the purchaser. The cemetery staff may remove and reinter remains to such substituted property. L. All interments must be made in cement liners, cremains liners, far-steel liners, or burial ready urns. All liners shall be made according to specifications designated by the parks and recreation manager or appointee. The funeral director shall determine the size of grave liner to use in all cases. 3 5 M. No grave shall be opened or closed by anyone other than employees of the city of Yakima. N. A tomb or personal mausoleum may not be erected on top of the ground. A marker may not be placed on a gravesite until all marker setting fees are paid in full. A marker may not be placed at a pre-need gravesite until the gravesite and marker setting fee are paid in full. O. Foundations for all markers and vases shall be built by the city of Yakima or an approved vendor, at the expense of the owner. All foundations must have a three-to six:-inch:-wide border around the base of the marker unless approved by cemetery supervisor or designee. The border must have a depth of four to six inches. The foundation must be flush with the ground level. All marker bases must be made of granite or marble. No sandstone or artificial base will be permitted. All 2--piece upright markers must be pinned by the monument company prior to delivery to avoid the top sliding on the base. P. All markers must be set in line according to the cemetery survey except on the tracts of irregular shape; markers in the west row of each block must face west, markers in the east row of each block must face east, all markers in Section M must face east. The parks and recreation manager or appointee shall determine the setting of markers on the tracts of irregular shape. Q. In Section M, upright markers are only permitted in Block 69, Block 58 and all blocks north thereof.Block 58-69, 112-123, 132-135, 154-157, 166-177, 184-195, 238-249, 256-257 unless previously sold as an upright plot. The rest of section M allows only flat markers. All markers in Section M face €east. Only one marker is allowed per plot in Section M. R. All markers placed in Section L, in the Masonic baby plot, and in that part of Section E lying south of a line drawn from the southwest corner of Block 161 to the southeast corner of Block 27, and west of a line drawn from the southeast corner of Block 27 to the southeast corner of Block 70, thence west to the southwest corner of Block 68, thence south to the southwest corner of Block 143, shall be level with the ground. The markers in Section E block 24 and 25 must be cremains only sized and level with the ground. S. Markers for single full-size graves plots may not exceed twenty-four inches in length and twelve inches in width. Double markers for two full-size graves plots may not exceed thirty-six inches in length and twelve inches in width except in Section M double markers may not exceed sixty inches in length and twelve inches in width. The maximum height of the markers should be 36" from the ground. Larger markers may be allowed with prior approval by the parks and recreation manager or appointee. Markers for single cremains graves plots may not exceed twenty four inches in length and twelve inches in width 12" x 7". Double markers for two cremains graves plots may not exceed twenty four inches in length and twelve inches in width 146" x 8". Ledger-type markers will not be allowed in the cemetery except ledger-type markers ppresently existing in the cemetery. Flat markers shall be set flush with the ground. T. Care and maintenance of a marker is the sole responsibility of the family of the deceased. Tahoma Cemetery and the GCity of Yakima are not responsible for damage to markers that is caused by weather or by the actions of persons not employed by the GCity of Yakima. U. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and the parks and recreation manager or appointee shall remove all landscape features determined to 4 6 be objectionable. If trees or shrubs in any lot become detrimental to adjacent lots or avenues in the judgment of the parks and recreation manager or appointee, they shall be removed. V. Coping, fFences, posts, archains, solar lights, glass items, rock border, balloons, yard wand all_wooden structures, and other non-approved items -around plots and blocks, ar graves are prohibited. Only six items are allowed per headstone and must be placed on the headstone, not in the grass. Potted plants are not allowed. W. Any inscription, marker, effigy or other structure which the parks and recreation manager or appointee deems offensive or improper shall be removed upon order of the parks and recreation manager or appointee. X. Funeral designs and floral pieces will be removed to a designated place as soon as the same become unsightly or interfere with mowing in the judgment of the parks and recreation manager or appointee. The city is not responsible for damage to or theft of cut flowers, potted plants, displays or containers. Anyone leaving such articles in the cemetery does so at their own risk. Y. Due to the inconvenience to mowing and grounds maintenance, artificial floral pieces, stones, rocks, and foreign objects will not be allowed during the period from April 1st to October 31st, with the exception of Memorial Weekend. All flowers, flags, and other items will be removed from the entire cemetery 7 — 10 days following Memorial Day. Footstones will not be allowed in the cemetery except for footstones presently existing in the cemetery. Z. Receptacles for cut flowers must be sunk level with the ground in approved vases installed by cemetery staff. Tin cans sunk in the ground are prohibited. Glass containers are prohibited. Receptacles must be approved by the parks and recreation manager or appointee. AA. All employees or other people engaged in performing work within the confines of the cemetery shall be under the supervision and direction of the parks and recreation manager. A person may not interfere with the performance of duties of any employee or groundskeeper. BB. Lost and found articles shall be turned in to the Tahoma Cemetery office. CC. A person shall deposit all paper and other rubbish that person is responsible for in a receptacle provided for that purpose. DD. As provided for by this chapter, a person may transfer or assign that person's block plot or a part thereof to another person provided that a record of the transfer or assignment is noted on the cemetery records as well as any prepaid services (burial fee, liner, or monument setting fee). The cemetery staff shall keep a copy of the transaction in the cemetery office. EE. The parks and recreation manager or appointee shall expel from the cemetery any person disturbing its sanctity by boisterous or other improper conduct, or who shall violate any provision of this chapter. No overnight camping, barbeques, or open fires are allowed in the cemetery. FF. Endowment care lots, pre-need arrangements or a combination of both may be purchased on installment contracts in the form provided by the GCity of Yakima. No lot(s) or service(s) may be used until property fees and service fees are paid in full. No monument(s) may be placed until monument setting fees are paid in full. 5 7 GG. All contracts require a ten percent down payment with an appropriate payment schedule designated. Contracts for endowment care lots shall require payment in full within twelve months. A combined contract for an endowment care plot and pre-need services shall require payment in full within thirty-six months. Any payment that is more than sixty days past due will be assessed a one percent per month interest penalty on the unpaid balance. The cemetery staff shall mail a grave use permit to the lot owner within thirty days of final payment. In the event the delinquent account is for a pre-need gravesite, the city may, at its option, return the grave plot to open inventory for the purpose of resale and the purchaser will forfeit any moneys paid to that date. Upon default in payment of the balance due for contracted services, the cemetery may deny further burials in the cemetery until full payment is made. HH. The public works director and parks and recreation manager are hereby authorized to enter into contracts for the sale of lots, liners, vases, markers and other incidental services. All contracts must be approved and signed by the public works director and parks and recreation manager. All contracts will constitute a personal obligation on the part of the purchaser(s) and shall be binding on the purchaser(s)' heirs, successors, and assign assignees. II. The cemetery staff shall keep all signed contracts on file in the cemetery office. JJ. No refunds on endowment care plots or pre-need services will be given once the three day grace period has passed. Any property abandoned for seven y ars with no contact from the KK. Any person that purchases ten or more plots at one time is entitled to a seven percent discount on the total price of the plots. LL. A maximum of two cremains may be placed in a columbarium niche (in the center row only, and if they are less than 5"x5"x7" containers. This must be accompanied with the proper notarized authorizations from the niche owner or the owner's next of kin. Columbarium niches may not be divided and sold as individual niches by a private owner. Urns must not exceed five inches by five inches by seven inches in size. MM. All inscriptions on the columbarium niches shall be of similar style and size. Opening and closing niche fees must be paid in full prior to inscription services being ordered. All inscription services will be performed by Tahoma Cemetery staff or their appointees determined by the parks and recreation manager. Vases will be allowed only at the discretion of the parks and recreation manager or appointee. (Ord. 2022 N0 § 29, 2022; Ord. 2017 026 § 1 (part), 2017: Ord. 2010 51 § 1 (part), 2010: Ord. 2009 '1 1 § 1, 2009: Ord. 2007 6'1 § 1, 2007: Ord. 2006 66 § 1, 2006: Ord. 200'1 79 § 1, 200'1: Ord. 2003 76 § 2, 2003: Ord. 2003 51 § 2, 2003: Ord. 2001 77 § 1, 2001: Ord. 2000 56 § 2, 2000: Ord. 99 '19 § 1, 1999: Ord. 97 11 § 1, 1997: Ord. 96 85 § 1, 1996: Ord. 3'133 § 1, 1992: Ord. 307'1 § 1, 1988: Ord. 30'10 § 2, 1987: Ord. 2937 § 1, 1986: Ord. 28'15 § 1, 1985: Ord. 2589 § 1, 1982: Ord. 2'190 § 1, 1981: Ord. 2356 § 1, 1979: Ord. 225'1 § 1, 1979: Ord. 203'1 § 1, 1976; Ord. 1873 § 1, 1975; Ord. 136'1 § 1, 1971; Ord. 1099 § 1, 1969: Ord. 799 § 1, 1966: Ord. 585 § 1). MM. 7.04.100 Disposition of Abandoned Plots To preserve the active nature of the cemetery, any interment space may be declared abandoned and reclaimed by the Cemetery after notice as provided below; 6 8 A. Abandonment. The ownership or right to unoccupied cemetery space shall, upon abandonment, be subject to forfeiture and sale by the Cemetery. An unoccupied plot may be considered abandoned if there is no activity on record with the Cemetery regarding the plot by either the plot owner or their legal representative for a minimum continuous period of forty years. B. Notice shall be provided as follows: 1. Following the required 40--year period, Cemetery management shall place a suitable notice on each unoccupied interment space setting forth the date the notice is placed and that the unoccupied space is subject to forfeiture and sale by the City of Yakima if the owner of the unoccupied space fails to contact the cemetery during the three-three year period following the date of the notice; and 2. The same notice shall be mailed by registered mail to the owner's last known address, if known. C. Ninety days following notice as provided above, if the plot owner or their legal representative fails to contact the Cemetery, then the City Manager may declare the plot abandoned and authorize a Petition in Superior Court for an Order of Abandonment pursuant to the process in RCW 68.36. D. Cost and fees. All fees and charges will be assessed pursuant to the fees identified in the current fee schedule. If the abandonment procedure is initiated at the request of a third party for a specific plot, a reclamation fee may be added to the cost of the plot upon sale. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 15th day of August, 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra City Clerk Publication Date: 7 9 ORDINANCE NO. 2023- AN ORDINANCE relating to Public Services and Utilities; amending section 7.04 of the Yakima Municipal Code; prescribing penalties; updating administrative and recordkeeping procedures, liner size availability, available services, and other housekeeping measures. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 7.04 of the City of Yakima Municipal Code is hereby amended to read as follows: Chapter 7.04 TAHOMA CEMETERY Sections: 7.04.010 Establishment. 7.04.050 Operation and management of cemetery. 7.04.070 Fees—Cemetery fund. 7.04.080 Procedure for purchase of plot in cemetery. 7.04.090 Rules. 7.04.100 Disposition of Abandonment of Plots. 7.04.010 Establishment. Hereafter the city cemetery and all additions made thereto shall be known as "Tahoma Cemetery." Whenever in any of the ordinances, resolutions, regulations or orders of the city council said cemetery is referred to as the "city cemetery" or by any other name or designation such reference shall relate to Tahoma Cemetery. 7.04.050 Operation and management of cemetery. The city manager shall, subject to the approval of the city council, make rules governing and concerning Tahoma Cemetery as may be required for the proper operation and management of the cemetery. The city manager shall, subject to the approval of the city council, fix the schedule of prices to be charged and collected for all lots in the cemetery and for any services rendered by the employees of the city cemetery. The rules and the schedule of prices shall be printed for free distribution. 7.04.070 Fees—Cemetery fund. All fees and charges collected or received by employees of the city cemetery shall be turned over to the city treasurer and placed in the cemetery fund of the city, except where directed to go into some other fund of the city by law or ordinance. 7.04.080 Procedure for purchase of plot in cemetery. With the exception of the Washington Department of Social and Health Services, United States Veterans Administration, and funeral homes located within the state of Washington, a person 1 10 shall make all payments required by this chapter before occupying any part of Tahoma Cemetery. The cemetery staff, upon receiving all required payments, shall issue (1) a sales agreement containing a correct description of the cemetery plot or part thereof, the name of the purchaser, and the date of the purchase, (2) a grave use permit to the purchaser for the cemetery plot or part thereof described in the sales agreement, and (3) an endowment care agreement. The sales agreement must be approved and signed by the public works director and the parks and recreation manager. The signature of the public works director and the parks and recreation manager shall be notarized. The grave use permit shall recite that it is accepted by the grantee named therein subject to all rules or regulations lawfully imposed for the regulation and management of the cemetery. The grave use permit shall grant the purchaser and the purchaser's heirs, executors, administrators and assigns the right to use the cemetery plot or part thereof for the purpose of interring human remains. The city manager or the city manager's designee shall execute the grave use permit and the endowment care agreement. The execution of the grave use permit and the endowment care agreement shall be notarized. No sale, transfer or assignment of any plot or part thereof or any interest therein shall be valid without the consent of the city manager or the city manager's designee endorsed in writing thereon. The cemetery staff shall keep records of the sales agreement, grave use permit, endowment care agreement, and of any other business transacted by or on account of the cemetery, as may be prescribed by the city manager subject to the approval of the city council. 7.04.090 Rules. Following are the rules, including schedules of fees and charges, applicable to the operation of Tahoma Cemetery: A. Liner sizes are as follows: "Regular" means an outside measurement of approximately thirty-three by eighty-nine inches. "Undersized" means an outside measurement less than thirty-three by eighty-nine inches. "Oversized" means an outside measurement greater than thirty-three by eighty-nine inches. B. The applicable fees at Tahoma Cemetery will be listed in the city of Yakima master fee schedule adopted by city council via resolution. With the exception of the Washington Department of Social and Health Services, Unites States Veterans Administration, and funeral homes located within the state of Washington, all fees and charges shall be paid in advance unless otherwise provided. C. Chapel service may not be scheduled to start on weekdays after 1:00 p.m. during winter hours and 12:00 p.m. during summer hours (If staff is available, chapel service may be scheduled at 1:00 p.m. with an overtime fee of$150 for a casket service or$75 for a cremains service. Graveside service may not be scheduled to start on weekdays after 2:00 p.m. during winter hours and 1:00 p.m. during summer hours. Chapel service may not be scheduled to start on Saturdays after eleven a.m. Graveside service may not be scheduled to start on Saturdays after eleven-thirty a.m. Interments and disinterments may not take place on Sundays, public holidays as defined in YMC 9.10.060, or Saturdays after twelve p.m., except in cases of emergency as determined by the parks and recreation manager or appointee. D. If the cemetery is provided with verification and documentation that the deceased has no surviving family members and was receiving one of the following types of public assistance at the time of his or her death: aid to families with dependent children, general assistance, or 2 11 poverty-related veterans' benefits, the cemetery charges will be fifty percent of the normal charge. This fifty percent reduction in price shall not apply to monument setting fees, vases or vase setting fees. The cemetery reserves the right to designate the location of all indigent burials with the exception of burials intended for previously purchased gravesites. Indigent burials will be allowed Monday through Friday only, unless by special permission of the parks and recreation manager or appointee. E. All plots shall be numbered with a permanent number. The cemetery staff shall keep an accurate record of the name of the decedent and the number of the plot. F. A maximum of four cremains may be placed on an occupied full-size plot with the proper notarized authorizations from the plot owner or the next of kin. A maximum of six cremains may be placed on an unoccupied full-size plot based on standard size vault sold by Tahoma. Full- size plots may not be divided and sold as individual cremains plots by a private owner. G. A person may not bring a dog into Tahoma Cemetery unless it is a service animal. A person violating this section is subject to a penalty of one hundred dollars. H. The speed limit for vehicular traffic within the cemetery is fifteen miles per hour. Violation of this section is a civil infraction and shall be enforced in accordance with city and state law. I. Notification of and payment for interment or disinterment must be received by the cemetery office at least two business days in advance of such interment or disinterment unless a check is being delivered by the Funeral Home the day of the service. The cemetery staff may limit the number of services scheduled on any given day. The cemetery staff may require services to be rescheduled if the service was published prior to receipt of notification. The purpose of this section is to provide ample time for proper opening and closing and to ensure adequate parking and privacy for each service. J. The Tahoma Cemetery office must receive a burial transit permit for the decedent before interment. The Tahoma Cemetery office must receive a death certificate for the decedent before inurnment. K. The cemetery staff may correct any errors related to interments, disinterments, the description of a cemetery plot or part thereof, or the conveyance of a cemetery plot or part thereof. The cemetery staff may select, substitute, and convey other cemetery property of equal value and similar location or refund the purchaser. The cemetery staff may remove and reinter remains to such substituted property. L. All interments must be made in cement liners, cremains liners, steel liners, or burial ready urns. All liners shall be made according to specifications designated by the parks and recreation manager or appointee. The funeral director shall determine the size of grave liner to use in all cases. M. No grave shall be opened or closed by anyone other than employees of the city of Yakima. N. A tomb or personal mausoleum may not be erected on top of the ground. A marker may not be placed on a gravesite until all marker setting fees are paid in full. A marker may not be placed at a pre-need gravesite until the gravesite and marker setting fee are paid in full. 3 12 O. Foundations for all markers and vases shall be built by the city of Yakima or an approved vendor, at the expense of the owner. All foundations must have a three- to six-inch-wide border around the base of the marker unless approved by cemetery supervisor or designee. The border must have a depth of four to six inches. The foundation must be flush with the ground level. All marker bases must be made of granite or marble. No sandstone or artificial base will be permitted. All 2-piece upright markers must be pinned by the monument company prior to delivery to avoid the top sliding on the base. P. All markers must be set in line according to the cemetery survey except on the tracts of irregular shape; markers in the west row of each block must face west, markers in the east row of each block must face east, all markers in Section M must face east. The parks and recreation manager or appointee shall determine the setting of markers on the tracts of irregular shape. Q. In Section M, upright markers are only permitted in Block 58-69, 112-123, 132-135, 154- 157, 166-177, 184-195, 238-249, 256-257 unless previously sold as an upright plot. The rest of section M allows only flat markers. All markers in Section M face east. Only one marker is allowed per plot in Section M. R. All markers placed in Section L, in the Masonic baby plot, and in that part of Section E lying south of a line drawn from the southwest corner of Block 161 to the southeast corner of Block 27, and west of a line drawn from the southeast corner of Block 27 to the southeast corner of Block 70, thence west to the southwest corner of Block 68, thence south to the southwest corner of Block 143, shall be level with the ground. The markers in Section E block 24 and 25 must be cremains only sized and level with the ground. S. Markers for single full-size plots may not exceed twenty-four inches in length and twelve inches in width. Double markers for two full-size plots may not exceed thirty-six inches in length and twelve inches in width. The maximum height of the markers should be 36" from the ground. Larger markers may be allowed with prior approval by the parks and recreation manager or appointee. Markers for single cremains plots may not exceed 12" x 7". Double markers for two cremains plots may not exceed 16" x 8". Ledger-type markers will not be allowed in the cemetery except ledger-type markers presently existing in the cemetery. Flat markers shall be set flush with the ground. T. Care and maintenance of a marker is the sole responsibility of the family of the deceased. Tahoma Cemetery and the City of Yakima are not responsible for damage to markers that is caused by weather or by the actions of persons not employed by the City of Yakima. U. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and the parks and recreation manager or appointee shall remove all landscape features determined to be objectionable. If trees or shrubs in any plot become detrimental to adjacent plots or avenues in the judgment of the parks and recreation manager or appointee, they shall be removed. V. Fences, posts, chains, solar lights, glass items, rock border, balloons, yard art, wooden structures, and other non-approved items around plots and blocks, are prohibited. Only six items are allowed per headstone and must be placed on the headstone, not in the grass. Potted plants are not allowed. W. Any inscription, marker, effigy or other structure which the parks and recreation manager or appointee deems offensive or improper shall be removed upon order of the parks and recreation manager or appointee. 4 13 X. Funeral designs and floral pieces will be removed to a designated place as soon as the same become unsightly or interfere with mowing in the judgment of the parks and recreation manager or appointee. The city is not responsible for damage to or theft of cut flowers, displays or containers. Anyone leaving such articles in the cemetery does so at their own risk. Y. Due to the inconvenience to mowing and grounds maintenance, artificial floral pieces, stones, rocks, and foreign objects will not be allowed during the period from April 1st to October 31st, with the exception of Memorial Weekend. All flowers, flags, and other items will be removed from the entire cemetery 7 — 10 days following Memorial Day. Footstones will not be allowed in the cemetery except for footstones presently existing in the cemetery. Z. Receptacles for cut flowers must be sunk level with the ground in approved vases installed by cemetery staff. Tin cans sunk in the ground are prohibited. Glass containers are prohibited. Receptacles must be approved by the parks and recreation manager or appointee. AA. All employees or other people engaged in performing work within the confines of the cemetery shall be under the supervision and direction of the parks and recreation manager. A person may not interfere with the performance of duties of any employee or groundskeeper. BB. Lost and found articles shall be turned in to the Tahoma Cemetery office. CC. A person shall deposit all paper and other rubbish that person is responsible for in a receptacle provided for that purpose. DD. As provided for by this chapter, a person may transfer or assign that person's plot or a part thereof to another person provided that a record of the transfer or assignment is noted on the cemetery records as well as any prepaid services (burial fee, liner, or monument setting fee). The cemetery staff shall keep a copy of the transaction in the cemetery office. EE. The parks and recreation manager or appointee shall expel from the cemetery any person disturbing its sanctity by boisterous or other improper conduct, or who shall violate any provision of this chapter. No overnight camping, barbeques, or open fires are allowed in the cemetery. FF. Endowment care plots, pre-need arrangements or a combination of both may be purchased on installment contracts in the form provided by the City of Yakima. No plot(s) or service(s) may be used until property fees and service fees are paid in full. No monument(s) may be placed until monument setting fees are paid in full. GG. All contracts require a ten percent down payment with an appropriate payment schedule designated. Contracts for endowment care plots shall require payment in full within twelve months. A combined contract for an endowment care plot and pre-need services shall require payment in full within thirty-six months. Any payment that is more than sixty days past due will be assessed a one percent per month interest penalty on the unpaid balance. The cemetery staff shall mail a grave use permit to the plot owner within thirty days of final payment. In the event the delinquent account is for a pre-need gravesite, the city may, at its option, return the plot to open inventory for the purpose of resale and the purchaser will forfeit any moneys paid to that date. Upon default in payment of the balance due for contracted services, the cemetery may deny further burials in the cemetery until full payment is made. 5 14 HH. The public works director and parks and recreation manager are hereby authorized to enter into contracts for the sale of plots, liners, vases, markers and other incidental services. All contracts must be approved and signed by the public works director and parks and recreation manager. All contracts will constitute a personal obligation on the part of the purchaser(s) and shall be binding on the purchaser(s)' heirs, successors, and assignees. II. The cemetery staff shall keep all signed contracts on file in the cemetery office. JJ. No refunds on endowment care plots or pre-need services will be given once the 3-day grace period has passed. KK. Any person that purchases ten or more plots at one time is entitled to a seven percent discount on the total price of the plots. LL. A maximum of two cremains may be placed in a columbarium niche (in the center row only, and if they are less than 5"x5"x7" containers. This must be accompanied with the proper notarized authorizations from the niche owner or the owner's next of kin. Columbarium niches may not be divided and sold as individual niches by a private owner. Urns must not exceed five inches by five inches by seven inches in size. All inscriptions on the columbarium niches shall be of similar style and size. Opening and closing niche fees must be paid in full prior to inscription services being ordered. All inscription services will be performed by Tahoma Cemetery staff or their appointees determined by the parks and recreation manager. 7.04.100 Disposition of Abandoned Plots To preserve the active nature of the cemetery, any interment space may be declared abandoned and reclaimed by the Cemetery after notice as provided below; A. Abandonment. The ownership or right to unoccupied cemetery space shall, upon abandonment, be subject to forfeiture and sale by the Cemetery. An unoccupied plot may be considered abandoned if there is no activity on record with the Cemetery regarding the plot by either the plot owner or their legal representative for a minimum continuous period of forty years. B. Notice shall be provided as follows: 1. Following the required 40-year period, Cemetery management shall place a suitable notice on each unoccupied interment space setting forth the date the notice is placed and that the unoccupied space is subject to forfeiture and sale by the City of Yakima if the owner of the unoccupied space fails to contact the cemetery during the 3-year period following the date of the notice; and 2. The same notice shall be mailed by registered mail to the owner's last known address, if known. 6 15 C. Ninety days following notice as provided above, if the plot owner or their legal representative fails to contact the Cemetery, then the City Manager may declare the plot abandoned and authorize a Petition in Superior Court for an Order of Abandonment pursuant to the process in RCW 68.36. D. Cost and fees. All fees and charges will be assessed pursuant to the fees identified in the current fee schedule. If the abandonment procedure is initiated at the request of a third party for a specific plot, a reclamation fee may be added to the cost of the plot upon sale. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 15th day of August 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 7